Under the Reserves Act 1977 the Commissioner and as Director Operations of the Department of Conservation, Whakatane, notifies that the reserves in the Schedules each vested by different means in what is now the Opotiki District Council.
In 1889, the Opotiki Town Board was delegated powers to be the Opotiki Domain Board to control and manage Opotiki Domain, by New Zealand Gazette, 7 February 1889, No. 7, page 146.
By Order in Council New Zealand Gazette, 27 September 1973, No. 89, page 1828, the Opotiki County Council and the Opotiki Borough Council merged to form the Opotiki County Council, then by Special Order in the New Zealand Gazette, 2 October 1986, No. 155, page 4187, the Opotiki County Council changed its name to Opotiki District Council. By Local Government Reorganisation, New Zealand Gazette, 13 June 1989, No. 99, page 2290, the Opotiki District Council is noted as a former authority of the new Opotiki District Council.
The Night Soil Reserve in the First Schedule (Allotment 375 Waioeka Parish) was formerly vested in the Opotiki Town Board by New Zealand Gazette, 8 September 1904, No. 75, page 2158; subsequently the reserve and its appointment status was deemed to have vested in the Opotiki County by section 12 of the Public Reserves, Domains and National Parks Act 1928. By New Zealand Gazette, 17 December 1964, No. 79, page 2343, the vesting of this reserve in Opotiki Borough Council was purported to be cancelled, the local reserve purpose was changed to recreation reserve purpose, to form part of Opotiki Domain and be administered by the Opotiki Domain Board. A fresh notice as New Zealand Gazette, 7 July 2022, Notice No. 2022-ln2768, corrects the error made in 1964 of cancelling the vesting in the Opotiki Borough Council, thereby retaining the vesting appointment in Opotiki County Council.
The reserve in the Second Schedule (Allotment 381 Waioeka Parish) was reserved as a recreation ground by New Zealand Gazette, 10 December 1914, No. 133, page 4268, then by New Zealand Gazette, 11 February 1915, No. 18, page 553, was declared to be a recreation reserve to form part of the Opotiki Domain and administered by the Opotiki Domain Board. The control and manage powers of the Opotiki Town Board as Opotiki Domain Board transferred by legislation in 1928 to the Opotiki County. Subsequently the reserve vested in the Opotiki County Council pursuant to section 26A of the Act on the reserved being classified as a recreation reserve by New Zealand Gazette, 5 March 1981, No. 23, page 496.
Part of the reserve in the Second Schedule that had vested in Council, described as Section 1 SO 8737 of 8.8600 hectares was reclassified to local purpose (sewage works) reserve by New Zealand Gazette, 6 July 1995, No. 67, page 1787. It remains as reserve vested in the Opotiki District Council.
Gisborne Land District—Opotiki District
|3.2602||Allotment 375 Waioeka Parish, situated in Block III Opotiki Survey District (SO Plan 2890)|
|21.0234||Allotment 381 Waioeka Parish situated in Block III Opotiki Survey District (SO Plan 2890)|
Dated at Whakatane this 6th day of September 2022.
JADE KING-HAZEL, Commissioner and Director Operations, Department of Conservation, Whakatane.
(DOC R141255, L&S 8/48)